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(영문) 서울동부지방법원 2015.03.31 2014가단25840

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 374,827,414.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Although there is no dispute between the parties to the determination of the cause of the claim, or comprehensively taking account of the overall purport of the arguments in the statement in Gap evidence Nos. 1 through 14, the defendant Patent Law Firm, Inc. (hereinafter "the defendant company"), on May 10, 2010, at the interest rate of 13% per annum, 2.5 billion won per annum, 23% per annum, less than 3 months per annum, 24% per annum, more than 3 months, 3 months, and 25% per annum (hereinafter "the loan debt of this case"), the defendant Gap jointly and severally guaranteed the loan of this case to the Japanese Mutual Savings Bank, Inc., Ltd., and the defendants lost the interest within the period of February 2, 2013 due to the defendants' failure to perform the obligation of the loan of this case, the defendants were jointly and severally liable to revoke the loan of this case to the plaintiff on April 22, 2014, and the defendants were not liable to pay the principal and interest of the loan of this case to the defendants.

2. The defendant company's assertion and judgment

A. On April 22, 2014, the Plaintiff collected all the principal and overdue interest of the instant loan in the public sale procedure for trust property, such as land trusted by the Defendant Company to the Asian Trust Co., Ltd. (hereinafter referred to as “The Plaintiff”) together with the Han Savings Bank Co., Ltd. on April 22, 2014. In addition, the Plaintiff, the first priority beneficiary in the public sale procedure, determined the amount to be distributed to the Plaintiff and Han Savings Bank Co., Ltd. (hereinafter referred to as “the Plaintiff”) and demanded it